Created by Fuzzy Cloud

Patna High Court

Sujeet YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to the conditions specified in the order.

Summary

Petitioner Sujeet Yadav, who has been in custody since 15 April 2025, applied for bail in a case registered under Sections 109, 132 and 121(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged that thirty litres of illicit country-made liquor recovered from a motorcycle was being taken to the petitioner, while the petitioner contended that the liquor was not in his conscious possession and that he had been falsely implicated. The court examined the facts, the nature of the offences and the petitioner’s claim of non‑possession, and concluded that bail could be granted subject to strict conditions, including sureties, personal appearance, reporting to the Superintendent of Police and possible cancellation for future offences. The order also directed verification of the petitioner’s criminal antecedents and imposed a monitoring regime. The bail application was allowed.

Issues considered

  • Whether bail should be granted to the accused in offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the fact that the seized liquor was not in the petitioner’s conscious possession justifies bail.
  • Whether the conditions imposed by the court are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • conditions of bail
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60701 of 2025

                         Arising Out of PS. Case No.-19 Year-2025 Thana- BIND District- Nalanda
                 ======================================================
                 Sujeet Yadav, S/o Krishna Ballabh Yadav, R/o Village- Madan Chack, P.S.-
                 Bind, District- Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Nelima Sinha, Adv.
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   06-01-2026                     Heard the learned counsel for the petitioner and the

                   learned Addl. Public Prosecutor for the State.

                                   2. The petitioner, who is in custody, seeks bail in

                   connection with Bind P.S. Case No. 19 of 2025 registered for

                   the offence(s) punishable under Section(s) 109, 132 and 121(1)

                   of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Section(s)

                   30(a) and 41(1) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                   3. As per the prosecution case, on search, thirty

                   liters of country made liquor was recovered from a gallon kept

                   in a motorcycle and the apprehended accused person disclosed

                   that the said liquor was being taken to the petitioner, namely,
Patna High Court CR. MISC. No.60701 of 2025(4) dt.06-01-2026
                                            2/3




          Sujeet Yadav.

                          4. The learned counsel for the petitioner submits

          that the seized liquor has not been recovered from the conscious

          possession of the petitioner and he has falsely been implicated

          in this case. It has lastly been submitted that the petitioner is in

          custody since 15.04.2025.

                          5. The learned Addl. Public Prosecutor for the State

          has vehemently opposed the prayer for bail.

                          6. Regard being had to the facts and circumstances

          of the case, let the petitioner, above-named, be released on bail

          on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Court below where the case is pending/successor Court

          in connection with Bind P.S. Case No. 19 of 2025, subject to the

          following conditions:-

                                 (i) One of the bailors of the petitioner shall be his
                            close relative and the other shall be a local resident.
                                 (ii) The petitioner shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                 (iii) In case of absence for two consecutive occasions
                            or in violation of the terms of the bail, the bail bond of the
                            petitioner will be liable to be cancelled by the concerned
                            Court.
                                 (iv) If the petitioner, in future, is found to be
                            involved in similar nature of offence(s), the prosecution
            Patna High Court CR. MISC. No.60701 of 2025(4) dt.06-01-2026
                                                        3/3




                                        shall be at liberty to move for cancellation of his bail
                                        bond.
                                             (v) The concerned Court shall verify the criminal
                                        antecedent of the petitioner and in case, at any stage, it is
                                        found that he has concealed his criminal antecedent, the
                                        Court concerned shall take necessary steps for cancellation
                                        of his bail bond. However, the acceptance of bail bond in
                                        terms of the above-mentioned order shall not be delayed
                                        for purpose of or in the name of verification.
                                             (vi) In view of the antecedent of the petitioner, the
                                        petitioner is directed to appear before the Superintendent
                                        of Police, Nalanda (Biharsharif) within fifteen (15) days of
                                        his release with a copy of this order and every two weeks
                                        thereafter for the next nine months. The conduct of the
                                        petitioner will be kept under watch in this period by the
                                        concerned Superintendent of Police and if it is found
                                        wanting in any respect, a report shall be made to the Court
                                        concerned by him to initiate a proceeding for cancellation
                                        of bail of the petitioner for reasons of misuse of bail.
                                        After reporting to the Superintendent of Police, a
                                        certificate will be filed by the petitioner before the Court
                                        concerned.


                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                                (Sourendra Pandey, J)
Praveen-II/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.